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ACF and Assisted Living Updates from the Department of Health

LeadingAge NY obtained the following updates in a recent meeting with the Department of Health (DOH).

Criminal History Record Check

If any adult care facility (ACF) providers have not yet received Criminal History Record Check (CHRC) payments for the entirety of 2015, please let us know. DOH believes that all ACF providers have been paid at this point, so we will forward your organization to the Department for follow up if that is not indeed the case.

Home and Community-Based Settings Rule

The Department issued a Dear Administrator letter (DAL) asking all Assisted Living Program (ALP) providers to conduct an assessment of their facility as it relates to the federal home and community-based settings (HCBS) rule. Entities that were awarded ALP beds will also have to complete the survey; however, DOH will send these assessments directly to those entities. If the awardee does not yet have an ACF or ALP, the provider will not have access to the survey on the Health Commerce System (HCS).

DOH does not expect providers to be in full compliance at this time and will work with providers to bring them into compliance. Person-centered planning is a key component of the federal HCBS rule, and DOH is considering doing a care plan template to ensure that all required domains are included. LeadingAge NY would have input into that template, if developed.

Quarterly Statistical Information Report

The Quarterly Statistical Information Report (QSIR) is now available. As a reminder, QSIRs must be submitted by every ACF in the state. Providers are reminded to save reports being conducted on the HCS periodically and submit when complete.

EQUAL Payments

EQUAL payments are being processed and should be issued soon. 258 facilities received awards.

Processing of ALP and Other ACF/AL Applications

DOH discussed the processing for ALP applications. Licensed Home Care Services Agency (LHCSA) applications that are related to the ALP will be prioritized. DOH will be issuing a letter to existing ALPs soon to explain the process for submitting an application, which differs from that of a facility that does not yet have ALP licensure.

If any applicant has a question about their application and its status, the applicant or their consultant representative should reach out to the project manager.

Email Contact Lists for the Department of Health  

DOH circulated a new Bureau Mailbox (BML) list which includes a new contact: the HCBS Settings rule BML. By way of background, DOH uses these BMLs to direct questions regarding specific topics to the right staff at the Department. Members can use the BMLs, or submit questions to us.

Advanced Home Health Aide Legislation

DOH is working on implementation of the new legislation that would create an “advanced home health aide,” which can perform tasks in an enhanced assisted living residence (EALR). LeadingAge NY advocated for this initiative and hopes that it will provide some efficiencies for providers and a promising career path for talented home health aides. There is a good deal of work that must be done, however, to implement it. LeadingAge NY will keep members apprised of the developments.

Questionable Operators

DOH has been working with several non-licensed entities that are operating in questionable manner, either helping to bring them into licensure compliance or closing them down and relocating the people living in the buildings. Two such entities were recently closed, and people have been relocated; meanwhile, DOH is working on closing another.

DOH Staffing

DOH is asking for additional staffing from the state, including an architect.

DOH also addressed some questions that had been submitted; click here to view the written Questions and Answers.

Contact: Diane Darbyshire, ddarbyshire@leadingageny.org, 518-867-8828